Bonum Certa Men Certa

Red Hat: Microsoft Marketed Its Patents for Trolls to Attack Free Software

Breaking in



Summary: Red Hat reveals details about Microsoft's marketing of anti-FOSS patents; other patent news summarised

RED Hat has already asked Microsoft to stop the patent racketeering, but Microsoft carries on with the usual FUD-based aggression while smiling and sending out PR drones like Sam Ramji [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] and Robert Duffner. "Smiling" as in, "We need to smile at Novell while we pull the trigger," to quote Microsoft's Platform Group Vice President, Jim Allchin.



“...Microsoft may be passing some patents for them to attack Linux without it appearing too suspicious and without Microsoft seeming like an involved party.”Microsoft has some big patent trolls at its disposal and as we argued yesterday, Microsoft may be passing some patents for them to attack Linux without it appearing too suspicious and without Microsoft seeming like an involved party. It was the same with SCO. Larry Goldfarb, a key investor in SCO, said that "Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux." He also said (under oath even) that Microsoft's "Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would 'backstop,' or guarantee in some way, BayStar's investment.... Microsoft assured me that it would in some way guarantee BayStar's investment in SCO."

Red Hat has just published some interesting details that are packed together right here:

Red Hat accuses Microsoft of patent FUD



[...]

Red Hat blogged that the patents acquired by OIN were being marketed by Microsoft to patent trolls.
"It also used marketing materials that highlighted offensive uses of the patents against open source software, including a number of the most popular open source packages," Red Hat blogged. "This looked to us like a classic FUD effort. To unleash FUD, you assemble a lot of patents of uncertain value, annotate them with a roadmap for the companies and products to be targeted with the patents, put the lot in the hands of trolls schooled in patent aggression, and then stand back and wait for the FUD to spread with its chilling effect."


Darryl Taft, who is sometimes sympathetic towards Microsoft, wrote about OIN's reaction. In general, there is so much interest in this from the Microsoft crowd. For example, here is Microsoft's de facto PR person (Fried) trying to set the tone and Mary Jo Foley doing likewise. Her colleague, the pro-Microsoft Gavin Clarke, opens up with the deceiving line which says: "Microsoft has placed a clutch of Silicon Graphics patents in the hands of those trying to defend Linux and open-source against trolls."

It sure makes it sound like Microsoft does something nice, doesn't it?

In the mailing lists that oppose software patents (and support their abolition), one person opined that "it just means that the patents are not worth much more than this PR stunt is for OIN..."

As a reminder from the news:

The Open Invention Network includes IBM, Cisco and HP. The group's web site states that its mission is to work for a "positive, fertile ecosystem for Linux, which in turn drives innovation and choice in the global marketplace".


Another person, whom we shall quote anonymously, argues:

Companies like IBM, RedHat, Canonical, etc. are acquiring as many patents as they can, either directly or with initiatives like OIN. From e.g. Nokia we know that what is at the beginning a defensive strategy can become an aggressive one at any time.

Maybe sooner than later the OIN members start asking 'politely' to provide free software throw them, but not independently. That would be the beginning of the end of the free software movement, and maybe what MS is looking for.

What will be better against FLOSS than to convince to as many FLOSS-players as possible that software patents are very profitable?

Will governments use Debian instead of RedHat if software patents are an issue?


Here is the original report in full and some more coverage of interest:

Microsoft Corp ( MSFT - news - people ) has suggested in recent years that companies using the Linux computer-operating system might be violating Microsoft patents. Now, in an effort to avert any legal threat that might discourage the adoption of Linux, a group of Microsoft rivals is about to acquire a set of patents formerly owned by the software giant.


More here:

# Pro-Linux group closes in on MSFT patents. The Open Invention Network, a group which supports open-source software and includes such giants as IBM (IBM) and Sony (SNE), is nearing an agreement to acquire 22 of Microsoft's (MSFT) patents in an effort to avoid any legal threats that could discourage the adoption of Linux. Microsoft has suggested in the past that the Linux operating system may violate some of its patents. The patents are currently held by Allied Security Trust, which bought the patents from Microsoft earlier this year.


Other coverage did not add much to what was already known and the secrecy surrounding the OIN helps not at all.

Why did open source group buy Microsoft patents?



[...]

As well, since Microsoft licenses some of its patents to Novell (under their patent covenant agreement), those are the patents that I see as being key. It is unlikely that Microsoft has sold any of those core patents as it would invalidate the need for part of the Novell deal.

OIN, whose members include IBM, Red Hat and other key Linux vendors is all about making royalty-free patents available to open source developers.

Whenever the OIN decides to open up and actually be OPEN and talk to more media than just the WSJ, I'm sure the full story will come out (and I'll update appropriately). Either way, this is a win for open source as it removes the risk from 22 patents to developers and users.


The risk will be properly removed (and perhaps permanently mitigated) when mathematics cannot be owned by people and companies. OIN is still legitimising software patents by taking this approach which it always takes. Maybe it's better than nothing, but the companies behind OIN have sufficient influence to challenge the very legality of such patents; unlike the FFII, they typically choose not to do this.

The truth is that some of these companies exploit software patents and use them to their own advantage because they can afford it. As the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] neatly shows, big companies like Microsoft can also ignore software patents whenever it suits them. They are in control of this self-serving system. Here is the latest from i4i: "Plaintiff in Word case says that Microsoft destroyed its business"

It adds later that i4i now operates "almost entirely in the specialized niche market of the pharmaceutical industry," but notes that some of those companies have been unwilling to purchase its product because they can get the functionality within the Microsoft word-processing program.


Oracle's CEO Larry Ellison has already said that Microsoft's business strategy is to "copy the product that others innovate, put them into Windows so they can't be unplugged, and then give it away for free."

In other patent news, Glyn Moody emphasises that "intellectual monopolies [are] not [the] same as innovation," linking to this article from EurActiv. At EurActiv, they often cite the wrong people when it comes to SMBs; for instance, Jonathan Zuck (Association for Competitive Technology) fakes being a speaker for their (SMBs') interests; he is a Microsoft lobbyist.

Intel is another company that's known for its aggression with patents, but even Intel's Andy Grove can be seen once again criticising the patent system/practices. Mike Masnick points it out as follows:

Earlier this year, we wrote about a rather thoughtful analysis of the problems of the patent system by Intel founder and former CEO Andy Grove. His view was that patents separate the important part (the actual innovation) from the "asset" (the patent), and that allows for bad behavior. He compared it to mortgage-backed securities, where the underlying mortgages were completely separated from the "asset," and bad behavior ensued.


Here is another story of a company that arguably revolves around a software patent.

Aviv Refuah, the young CEO of the public Israeli company Netex Corporation, has managed to score a US patent on an internet search option developed by the company he founded that could well force major Internet search players like Google, Microsoft and Yahoo to cough up royalties for future use of the technology.

Refuah, who started the company 12 years ago when he was barely 17 years old, is careful not to overestimate the awarding of the patent and the possible outcome for now, but that didn’t stop the company’s stock from soaring yesterday.


Is licensing -- as opposed to production and servicing -- really valuable output? How about the novelty? What are the economic impacts and the effect on science and technology? These questions are rarely being asked.

Comments

Recent Techrights' Posts

Car Companies Fail Because They Don't Manufacture What Costumers Actually Want
They try to impose their dumb vision on purchasers
Links 24/07/2026: Mass Layoffs at Patreon, Netflix Deemed Bad for People's Brains
Links for the day
Google Spreads Misinformation, Google's Slop Makes Stuff Up and Calls That "Intelligence"
Google very well understands (and even publicly admits so, albeit only for legal reasons) that the slop does not work
US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
 
Gemini Links 24/07/2026: Animal Friendship, Squirrels, and Lagrange
Links for the day
Links 24/07/2026: IOC Drops Russia Ban, New Internationalist Raises Money
Links for the day
Poor Piece From Valnet: Microsoft Keeps Sabotaging GNU/Linux, So You Should Quit Using GNU/Linux
Really awful take
We Need More Encryption, Not Less of It
Use Free software and use encryption to ensure sources are fully protected
At 3PM on a Friday The Register MS Collects Some 'Pyramid Scheme' Money From Communist China (ZTE)
This won't age well for The Register MS
What Freedom Does Not Mean
Tell Warren Buffett to go skiing; he'll soon understand how much freedom he truly has
Linuxiac is Plagiarism
We won't link to it, we're done [...] If you wish to support journalism about GNU/Linux, do not visit or link to slop
Verizon is Over 200 Billion Dollars in Debt (US Telecoms Collapsing, Wrapping Up the Failure in "Hey Hi" Clothing)
They will tell us this is "innovation", not a failure, and that only "Luddites" would oppose this
You've Been Conned If You Ever Believed That MElon (MUSK, Elon) Was a Trillionaire
Connected to corrupt officials
The People Who Tried to 'Cancel' (or Deplatform/Censor) Daniel Pocock Are Annoyed That He's Mentioned in Dozens of Press Articles
If Pocock's words did not matter, there would not be such a huge effort to silence him
Cybershow Explains Why Only Sociopaths Gravitate Towards Leadership Position in 'Tech'
The general thesis is a familiar one
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Speeding Up 'Down Under': Australia, New Zealand, Tasmania...
As things stand, the best we can do is let people retrieve pages within less than 0.1 seconds since a request is received
Google's Debt Trebled in Only 9 Months and It's Not Even the Full Picture (There's Secret Debt, Too)
No wonder there are so many layoffs and workers try to unionise
Microsoft Layoffs in India
it's about cost-cutting
Deregulation is Blowing Up the Economy, Which Has Become a Multi-Level Scheme or Pyramid Scheme
Why did only Japanese media call out the BS; is that so hard to figure out and properly report on?
Daniel Pocock Proves Wikipedia is for Rich People or People Who Work for Very Rich People (the True Owners of Wikipedia)
It's for billionaires and their faithful boot lickers
GNOME: Your Personal Opinions Must Overlap GAFAM's (Otherwise Those Opinions Are Impermissible)
Get well soon, GNOME
Making Excuses for Stressful, Unrewarding, and Immoral Jobs
excuses for difficult and/or barely-rewarding jobs. [...] People in tech must not be evaluated (or have their "worth" assessed) based on remuneration
Almost 5 Years Without Social Control Media ('Mind Prison')
Life is too short to be stuck inside a skinnerbox
Linux Must be About People (Humans), Not Bribery From Slop Companies Trillions of Dollars in Debt and in Pursuit of Positive Press
We've lost Williams
John Dvorak Understood That "MSM" Was a Vehicle of Censorship
Independent publishing, which obviates the need to censor (influenced by existing advertisers or lookout for prospective advertisers), is the only credibly thing out there
To Understand Why Linus Torvalds Became a Boot-Licking Booster of Slop Look at Another Operative of 'Linux' Foundation, the "Mentor" of Clickfraud SPAMnil (According to SPAMnil Himself)
it seems like SJVN does not give a full disclosure
Blaming "Computers" Instead of Blaming Microsoft
Blaming Microsoft is "hate"
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock
IBM in the Red After Bad Results (Shares Down in After Hours)
Will the CEO step down, retire, of what else?
Gemini Links 22/07/2026: Fault Lines, the Dark Web and Beyond, and Why Substack is Awful
Links for the day
Insult and Injury: Getting Banned, Not Just Sacked, by Microsoft
A former insider spoke about this in public 5 hours ago
Links 22/07/2026: "Dumb Phones" Not Enough to Tackle Harmful Addition, "MPEG-4 Visual's Road to Being [Software] Patent-Free"
Links for the day
IBM's Press Release About Results Mentions "AI" 10 Times, "Quantum" 4 Times
Blah blah blah AI"
Top secret: Cults inquiry submission concealed from public
Reprinted with permission from Daniel Pocock
An Hour Ahead of Alleged 'Results' (Amid Investigation Into Fraud) IBM Falls Back to New Lows
Only cents away from a 52-week low
IBM Headed for Lowest "Value" in 2 Years
In a nutshell, Krishna "can't keep it up" and IBM is now investigated for fraud
Investigation Progressing
There is nothing "funny" about receiving mortal threats for merely reporting information in a civilised country
Things We Could Do More Than Half a Century Ago But Can No Longer Accomplish
Newer is not always better
Anupa Ann Joseph & Debian defamation gang
Reprinted with permission from Daniel Pocock
State of the Invidious Project
Never forget how hostile Google can be towards freedom
Prioritising the Safety of Women is the Best Approach to Foster Diversity in Technical Communities
Debian was never "normative", but that does not mean Debian should have such low standards
IBM Will Report 'Results' Tonight (CET), It's Already Investigated for Securities Fraud
"Five of the biggest US tech giants are carrying $1.65 trillion in debt that does not show up on their balance sheets"
Hardware Has Gotten a Lot Worse, Not Just Far More Expensive
prices go up fast
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
Not Everything Can be Automated
not a new thing
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week